Returning Legislation for a Different 50/50 Shared Parenting Bill Is Back

In 2018, the Illinois legislature introduced a new Illinois House Bill 4113. This particular bill turned out to be at the center of a controversy surrounding a politically controversial family law bill. The Bill is designed to propose a statutory mandate that requires parents to share a 50/50 time schedule in divorce and parentage cases.

Although parents can request to alter the orders under special limited circumstances, parents and other lawmakers had their concerns regarding the bill. Now, the legislation and the Bill are supposedly here to stay, as House Bill 4113 returns as the New House Bill 185.

A concern associated with the previous bill was equal parenting time in a domestic violence case seemed forced and challenging for the victims and the children. When there is a high level of conflict among parents, managing a forced 50/50 shared parenting time clause seem less advisable.

Another concern raised in the House Bill 4113 was it set a high burden of proof on the party who willfully and knowingly does not want strictly 50/50 parenting time with their kids. If you have any questions about child custody or parenting time, speak to a skilled post-divorce family attorney near you.

To address these concerns among others, House Bill 185 was drafted to cater to all the controversies the previous bill faced. The new House Bill 185 eliminates the “clear and convincing evidence” burden of proof regarding the deviancies from equal parenting time. Under the new bill, a parent who opposes equal parenting time will need to bear the lesser burden of proof by a majority of evidence which indicates equal time would not be in the children’s best interest.

The New House Bill 185 addresses the allocation of parental responsibilities regarding equal parenting time. This includes other statutory factors the court is required to consider determining what is in the best interest of the child. Some of these considerations include:

  1. Distance between the residences of parents
  2. The cost of transporting a child from one parent’s home to the other
  3. The daily schedule of the child
  4. The threat of physical or verbal abuse by the parent directed against the child or any other member of the family
  5. Considerations to take when one parent is a convicted sex offender

House Bill 185 has managed to clear away much of the criticism regarding burden of proof, but the bill still needs to address various philosophical concerns. In any case, the parent who has a statutory presumption on their side is at a huge advantage under the new bill.

If you want to find out more about family law, child custody case or wish to schedule a free consultation session with an experienced real estate lawyer, contact Fitzgerald Law Firm by calling at (630) 946-6060.

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